Hi there! 

Right, it’s yet another Privacy Policy. But to save you time we’ve made a human-readable version, which explains how we treat your data.  

Scroll down to read the complete version. 

Gemini Photos Needs And Collects This Data:

• Photos metadata from the iOS Photos app to separate photos into categories (similar, clutter, other). This way we suggest which photos to keep, and what to remove 

• Video metadata from the iOS Photos app to analyze your videos. This allows you to review videos and trim them right inside the app in case you want to keep only a fragment

• Information about your device (the type of the device, the capacities of the device, the language your device is set to, its iOS version, etc.). We need this to make the whole thing work reliably on all types of supported devices

• Information about the use of Gemini Photos (the frequency of use, the features you use the most, log data like crash reports). This allows us to identify problems and patch them up asap.

Gemini Photos Does Not Collect Or Transfer By Any Means:

• Your actual photos and media files. The app uses only the photo and video metadata received from the Photos app. It does not sync or send personal data to any servers. We value your privacy and our peace of mind :)

The Full Version of Privacy Policy

At MacPaw, we care about the privacy of your data and are committed to protecting it. This Privacy Policy explains what information we collect about you and why, what we do with that information, and how we collect and handle that information. We’ll also explain what choices you have with respect to the information.

Applicability Of This Privacy Policy

This Privacy Policy applies to Gemini Photos application (the “Product”), MacPaw.com (the “Site”) and all interactions (e.g., customer service inquiries, user conferences, etc.) you may have with MacPaw with regard to your use of the Product. If you do not agree with the terms, do not access or use the Product and/or the Site. The data controller of your personal information is MacPaw Inc.

This policy applies to the Company’s employees, contractors and officers.

The Company has a contract with all Data Processors that it uses in compliance with Article 28 & Article 29 of the GDPR, and ensures that all Data Processors are compliant with Data Protection Legislation.

The policy does not apply to third party services. Where third party services are used, and the third party is not a Data Processor, no Relevant Data (as defined below) is shared with them, or the Relevant Data has been anonymised such that the GDPR does not apply. Information collected by third parties is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties. 

In addition, a separate agreement governs delivery, access and use of the Product (the “User Agreement”),

This policy applies to Relevant Data received and processed only.

Definitions

Capitalized terms used in this Policy and not otherwise defined shall have the meanings provided below:

MacPaw Family of Companies - the list of the MacPaw family of companies is as follows:

MacPaw Inc.

601 Montgomery Street Suite 1400 San Francisco, CA 94111

Setapp Limited

9 Tallow Street, Youghal, Co. Cork, P36YE14

MacPaw Labs Ltd.

21 Davidson Road, Croydon, CR0 6DL

MacPaw Family Ltd.

38 Craven Street, London, London, WC2N 5NG, United Kingdom

Relevant Data - Personal Data and Special Categories of Data are the Relevant Data covered by this policy and as defined in the Data Protection Legislation.

Personal Data - any information relating to an identified or identifiable natural person.

Special Categories of Data - Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data and data concerning health or a person’s sex life or sexual orientation.

Processing/Processed - any operation on personal data, whether automated or not.

Information We Collect and Receive

When you interact with our Site and Product, we collect Information that, alone or in combination with other data, could be used to identify you (Personal Data). Some of the Information we collect is stored in a manner (using anonymisation instruments) that cannot be linked back to you (Non-Personal Data).

MacPaw collects, generates and/or receives the following Information:

Usage Information

Certain data about the devices you use to connect with MacPaw and your use of the Site and/or Product are automatically logged in our systems, including:

• Location information. This is the geographic area where you use your computer and mobile devices (as indicated by an Internet Protocol [IP] address or similar identifier) when interacting with our Site and/or Product.
• Product and Site Specific Data. This is information about the Site and/or Product you use and how you use them. We may also obtain data from our third-party partners and service providers to analyze how users use our Site and/or Product. 
• Device information. These are data from your computer or mobile device, such as the type of hardware and software you are using (for example, your operating system and browser type), as well as unique device identifiers for devices that are using MacPaw Product.

The detailed information on the basis for collection, storage and processing of each type of personal information is provided in Lawful Basis for Personal Data Processing section of Privacy Policy.

Cookies

MacPaw uses cookies and similar technologies in our Site and Services that help us collect Other Information. The Site and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Site and Services and across other websites and online services. For more details about how we use these technologies, please see our Cookie Policy.

Third Party Data 

Macpaw may receive data about Site visitors, marketing campaigns and other matters related to our business from affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.

Additional Information Provided to MacPaw 

We receive Other Information when submitted to our Site or if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with MacPaw.

Collecting Information from Children 

MacPaw does not knowingly collect personal information from children under the age of 13. If we determine we have collected personal information from a child younger than 13 years of age, we will take reasonable measures to remove that information from our systems. If you are under the age of 13, please do not submit any personal information through the Site and/or Product. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal information through the Site and/or Product without their permission.

Using Your Information by MacPaw

We use, process, and store your information as necessary to perform our contract with you and for our legitimate business interests, in operating our Site, Product and business including:

• to help us administer our Site and/or Product, authenticate users for security purposes, provide personalized user features and access, conduct research, develop new features, and improve the features, algorithms, and usability of our Site and/or Product;
• as required by applicable law, legal process or regulation.
• to calculate aggregate statistics on the number of unique devices using our Site and/or Product;
• to provide you with first-class customer support services;
• to investigate and help prevent security issues, fraud and abuse.

If information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, MacPaw may use it for any business purpose. 

How We Share And Disclose Information 

We only disclose Personal Data to third parties when:

• We share your information among the MacPaw Family of Companies as needed for: data processing and storage; providing you with access to our services; providing customer support; making decisions about service improvements; content development; and for other purposes described in this Privacy Policy.
• We use service providers who assist us in meeting business operations needs, including hosting, delivering, and improving our Product. We also use service providers for specific services and functions, including email communication, customer support services, and analytics. These service providers may only access, process, or store Personal Data pursuant to our instructions and to perform their duties to us.
• We have your explicit consent to share your Personal Data (if required).
• We believe it is necessary to investigate potential violations of the Terms of Use of Product, to enforce those Terms of Use of Product, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, or potential threats against persons, property, or the systems on which we operate our Site and/or Product.
• We determine that the access, preservation, or disclosure of your Personal Data is required by law to protect the rights, property, or personal safety of MacPaw and users of our Site and/or Product, or to respond to lawful requests by public authorities, including national security or law enforcement requests.
• We need to do so in connection with a merger, acquisition, bankruptcy, reorganization, sale of some or all of our assets or stock, public offering of securities, or steps in consideration of such activities (e.g., due diligence). In these cases some or all of your Personal Data may be shared with or transferred to another entity, subject to this Privacy Policy.
• We may disclose Non-Personal Data publicly and to third parties – for example, in public reports about word usage, to partners under agreement with us, or as part of progress reports we may provide to users.

MacPaw does not share your Personal Data with third parties for the purpose of enabling them to deliver their advertisements to you.

MacPaw does not sell or rent your Personal Data.

Whenever in the course of sharing information we transfer personal data to countries outside of the European Economic Area and other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this Privacy Policy and as permitted by the applicable laws on data protection.

Third Parties’ Applications and Product

Some third-party applications and services that work with us may ask for permission to access your information. Those applications will provide you with notice and request your consent in order to obtain such access or information. Please consider your selection of such applications and services, and your permissions, carefully. We require such third parties to provide the same or equal protection of user data as stated in this privacy policy. 

Some third parties’ embedded content or plugins on our Site and/or Product, such as Facebook “Like” buttons, may allow their operators to learn that you have visited the Site, and they may combine this knowledge with other data they have collected about your visits to other websites or online services that can identify you.

Data collected by third parties through these apps and plugins is subject to each parties’ own policies. We encourage you to read those policies and understand how other companies use your data. 

Data storage, transfer, retention, and deletion

Data Storage and Transfers

Information submitted to MacPaw will be transferred to, processed, and stored in the United States. We also process your Personal Data in the UK, Republic of Ireland. Data stored and processed by MacPaw may sometimes be moved between these zones (in a secure manner). If you post or transfer any information to or through our Site and/or Product, you are agreeing to such information, including Personal Data, being hosted and accessed in the United States, UK and Republic of Ireland.

Duration of Information Storage

As the general rule, we retain your data while you are a customer and will delete your information within 30 days of either party’s termination of the Terms of Use or upon written request. You can remove your Personal Data from MacPaw at any time by emailing us with the respective request: [email protected]. However, we may keep some of your Personal Data for as long as reasonably necessary for our legitimate business interests, including fraud detection and prevention and to comply with our legal obligations including tax, legal reporting, and auditing obligations.

Safeguards

When you give us personal information, we take steps to make sure that it’s treated securely. 

Non-sensitive details are sent normally over the Internet, and this can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems. 

We use industry-standard encryption to protect your data in transit. This is commonly referred to as transport layer security (“TLS”) or secure socket layer (“SSL”) technology.

Once we receive your data, we protect it on our servers using a combination of technical, physical, and logical security safeguards. The security of the data stored locally in any of our Product installed on your computing device requires that you make use of the security features of your device. We recommend that you take the appropriate steps to secure all computing devices that you use in connection with our Site and Product.

The Company takes the security of your data very seriously and works to protect your data from loss, misuse and unauthorised access or disclosure. 

All staff and officers who handle Relevant Data are aware of this policy and have been given training in how to correctly collect, process, store and delete data. The Company holds a log of when staff training was undertaken and updates it on an annual basis.

Data Breaches

All breaches will be reported to the relevant supervisory authority within 72 hours, unless the data was anonymised or encrypted or if it has a particularly high risk. 

Breaches of this policy by staff, contractors, officers of the Company will be dealt with under the Company’s grievance and disciplinary policy and may lead to a disciplinary sanction.

If MacPaw learns of a security system breach, we may attempt to notify you and provide information on protective steps, if available, through the email address that you have provided to us or by posting a notice on the Site. Depending on where you live, you may have a legal right to receive such notices in writing.

Lawful Basis for Personal Data Processing

MacPaw uses, processes, and stores Personal Data, as necessary to perform our contract with you, and based on our legitimate interests in order to provide the services in connection with the Product and maintaining Product’s functionality, namely:

• Log data (crash data and other diagnostic reports; cleanup logs: files path and size, system libraries versions, scan/removal duration, device information) - for identifying and fixing defects in Product's functionality. Logs and entire reports are important to analyze user problems, application malfunctions and crashes. Data is mandatory and is frequently the main source, which helps to understand and resolve application issues.
• Device information: Operating System (OS) running on your device, access times, OS localization, RAM usage info, files metadata, applications preferences data, to identify and localize user issues (bugs) and to understand and localize user problems, for the Product correct scanning and cleaning logic, actually, Product functioning.
• We are collecting your data when you’re contacting our customer support team via call, email or another communication tool. The purpose of collecting is for helping you to solve any issue you have with our services. The legal basis of collecting is fulfillment of our contractual or pre-contractual obligations to you. Additionally, we may record the calls. The purpose of call recording is quality control of our customer support services and personnel training. The legal basis of call recording is our legitimate interests in retaining you as a customer and providing you with first-class customer support services.

We rely on your consent to process Personal Data:

• to place cookies on your devices,
• for in-app analytics events and actions, used by us to understand user behaviour, analyze and optimize it.

In some cases, MacPaw may process Personal Data pursuant to legal obligation or to protect your vital interests or those of another person.

Your Rights

Individuals have certain rights in respect to their personal information, including the right to access, correct, or delete Personal Data we process through your use of the Site and/or Product. You can:

• Have your Personal Data corrected or deleted. You may ask us to correct information you think is inaccurate or completely delete all information that we hold about you by emailing: [email protected].
• Access your Personal Data report by submitting a request at [email protected]. This report will include the Personal Data we have about you, provided to you in a structured, commonly used, and portable format.
• Object to us processing your Personal Data. It is your right to lodge an objection to the processing of your personal data by emailing: [email protected] if you feel the “ground relating to your particular situation” apply.  The only reasons we will be able to deny your request is if we can show compelling legitimate grounds for the processing, which override your interest, rights and freedoms, or the processing is for the establishment, exercise or defence of a legal claims.
• You can ask us to stop using your Personal Data. 
• Complain to a regulator. If you’re based in the EEA and think that we haven’t complied with data protection laws, you have a right to lodge a complaint with your local supervisory authority.

Data Protection Officer

To communicate with our Data Protection Officer, please email [email protected].

EEA Representative

The Company is not established in the EU and therefore VeraSafe has been appointed as MacPaw’s representative in the EEA for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. 

To make such an inquiry, please contact VeraSafe using this contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative.

Alternatively, VeraSafe can be contacted at:

VeraSafe Czech Republic s.r.o

Klimentská 46

Prague 1, 11002

Czech Republic

Changes to our Privacy Policy

This privacy policy was last updated on July 16th, 2019 and this version is in line with the new GDPR guidelines. 

We may need to update this Policy to keep pace with changes in our Site, Product, and Services, our business, and laws applicable to us and you. We will, however, always maintain our commitment to respect your privacy. We will notify you of any material changes that impact your rights under this Policy by email (to your most recently provided email address) or post any other revisions to this Policy, along with their effective date, in an easy-to-find area of the Site, so we recommend that you periodically check back here to stay informed of any changes. Please note that your continued use of MacPaw after any change means that you agree with, and consent to be bound by, the new Policy. If you disagree with any changes in this Policy and do not wish your information to be subject to it, you will need to stop using the Site and/or Product.

Contact us

You may contact us with any questions relating to this Privacy Policy by e-mailing: [email protected]